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 Need advice ..., problem with Selling house

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TSfussion
post May 12 2008, 03:42 PM, updated 18y ago

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I have a house that i want to sell, so i engage an agent to do this. The agent found a buyer and we agreed to the price. The buyer wants to move in immediately and told me that the S&P he will sign in 3 months time cause the funds will be available then, so he will rent the house until the keys are handed over to him. i agreed, so the agent collected the deposit and i patiently waited.

Now come the end of the 3 months, the buyer wants to delay signing the S&P, which i do not agree. And to make matters worse, the agent told me that only part of the 2% deposit has actually been collected.

I want to ask, should the buyer lose interest in buying the house and decide not to pay the balance of the deposit, can I ask the agent to be accountable for the deposit ?

any legal action i can take here, and is it wise to do so ?
any suggestions on what steps should be taken here ?

This post has been edited by fussion: May 12 2008, 05:27 PM
TSfussion
post May 12 2008, 05:33 PM

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QUOTE
You have anything in writing that buyer supposed to sign S&P in 3 months?

Yes, the booking receipt by the agent


QUOTE
Do you have a tenancy agreement to cover this rental period?

Yes

QUOTE
Has the 'buyer' been paying rental these 3 months?

Yes

QUOTE
How much of the 2% deposit has actually been collected? I assume so far held by agent?

Only about 0.4% collected according to the agent, and this amount held by the agent

This post has been edited by fussion: May 12 2008, 05:41 PM
TSfussion
post May 13 2008, 10:12 AM

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QUOTE(jchong @ May 12 2008, 07:22 PM)
Legally, right now the tenancy agreement is your main binding agreement. At this moment, your relationship with the 'buyer' is landlord-tenant.

What is the duration in the tenancy agreement? Hope it doesn't say 1 year or something like that because you are bound to honor that.

Have you spoken to your agent?
*
Yes, i have spoken to the agent, and they are chasing for the remainder for for the deposit.
My question is can i hold them accountable for the full deposit since it is their responsibility to get it.

This post has been edited by fussion: May 13 2008, 10:13 AM
TSfussion
post May 14 2008, 09:30 AM

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lets hope i dont have to come to that, I am giving them until the end of this month to settle this mess.
i think i will cut the water and electricity supply should the buyer decide not to move out.
i doubt they will sue me since they are the one that owe me money in the first place.

 

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